Research Of The Application Of Expert Opinion In The Civil Procedural Law Of2013

Judicial authentication plays an important role in civil litigation. With theamendment of expert conclusion, the evidence system of civil procedure becomesmore improved. The civil procedural law of2013restores the nature of expert opinionas evidence through a series of regime, such as changing the word ‘conclusion’ to‘opinion’, laying stress on that evidence shall be presented in court andcross-examined by the parties concerned.Ruling that the surveyor must appear beforethe court and adding the system of expert assessor make it out to realize thesubstantive equality of both parties’ status in litigation. To facilitate both partiesproduce evidence, the civil procedural law of2013allows the parties to apply judicialauthentication, which embodies the dominant role of the parties in civil litigation. It isobvious that the amendments are of positive significance, but there are some problemsabout how to apply these terms. This dissertation try to put forward suggestionsthrough analyze the problem combining with the relevant provisions of the civilprocedural law of2013, expecting to benefit the improvements for civil Proceduralevidential system．The dissertation is divided into four chapters:Chapter I An overview on expert opinion. This chapter mainly focus on thenotion and characteristics and the nature of authenticate. For the attribute of expertopinion, judicial authentication is the way for litigant to adduce evidence to avoidlosing the lawsuit.Chapter II This chapter sets forth the development process of the expert opinionin our civil procedural law, analyzes the amendments of the civil procedural law of2013, and finds out what problems it will encounter when enforced.Chapter III Introducing of the applying of expert opinion in extraterritorialsystem judicial practice. Through comparing with common law system and civil law system, the dissertation try to find some legislative reference.Chapter IV Putting forward sound proposal based on analysis above, includingestablish principles as equality of rights, restriction of powers and the justice ofprocedure, then put forward concrete proposals as restrict the court’s starting right ofjudicial authentication, etc.